CJA 6.302-1_Redacted.pdf

CJ&A_21-0072

software to compete the requirement and has not procured a technical data package (TDP) that would be adequate for competition. KUAS is willing to provide a complete TDP and associated unlimited data rights at an estimate of $ to include paper drawings, tools and models, software (inclusive of source code), training and technical manuals, firmware, and associated testing documentation and projected sales over the life of the product. PMA-208 does not intend to procure the TDP and associated unlimited data rights, as the cost has been determined to be cost prohibitive.

Based on the NAVAIR Cost & Schedule Analysis Department (CSA) analysis, it would cost $ and an additional four years to design, test, qualify, and produce an alternative target. This estimate is based on the total research and development cost as well as non-recurring engineering costs for the program. In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(A), award to any other source would result in unacceptable duplication of cost to the Government that is not expected to be recovered through competition.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The Program Management Office, PMA-208 Aerial Targets, under Program Executive Office, Unmanned Aviation and Strike Weapons (PEO(U&W)), maintains a constant survey of the industry market and has identified no other source currently capable of satisfying the Government’s requirement. Each individual order under the BOA will be synopsized in accordance with FAR 5.201.

In accordance with FAR 5.201, the proposed Software IDIQ contract was synopsized on the Beta.SAM website on 26 January 2021 and the proposed FRP 4-7 contract was synopsized on the Beta.SAM website on 24 February 2021. No responses have been received to date for these procurements.

Ser 244-20-084 waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought Requirement was approved to cover the above contract actions. No additional Market Research will be conducted as it is not practicable, for the reasons discussed in paragraph 5, for any company other than KUAS to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.404-1, the Procuring Contracting Officer (PCO) will determine that the procured supplies and services authorized under this CJ&A are from a responsible source at a fair and reasonable price. The Contractor will submit formal price proposals with certified cost or pricing data, as required and sufficient information to support the accuracy and reliability of the estimates. The negotiated actions will be conducted in accordance with FAR Subpart 15.4 by the PCO, with support as needed, from Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) personnel to ensure that fair and reasonable prices are established. The Contracting Officer’s determination of fair and reasonable price will be based upon information received from historical data, field audits, independent technical evaluations, and thorough cost/price analysis.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, PMA-208 has no plans to compete future contracts for the types of supplies and services covered by this CJ&A. The quantity of targets purchased each year does not

CJ&A_21-0072

justify the additional nonrecurring costs associated with developing a second source. PMA-208 is working with KUAS to maximize competition through subcontracting opportunities.

This effort is a follow-on to supplies and services contracts previously awarded on a non-competitive basis.

In accordance with DFARS PGI 206.304(a)(i), the prior CJ&A (16-0319), CJ&A (18-0218), and J&A (19- 0504) was provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).